Houses In Multiple Occupation (HMOs)
The Council is concerned with the condition of private rented housing generally; including Houses in Multiple Occupation. It should be noted that premises will generally only constitute an HMO if occupied by three or more people, forming two or more separate households (Housing Act 2004 Section 254).
New planning rules for houses in multiple occupancy (HMO) from October 2010
On 6th April 2010, planning legislation introduced a new class C4 (HMO), which follows the same HMO definition as used in section 254 of the Housing Act 2004, except that section 257 HMOs are excluded.
From 1 October 2010, the Town and Country Planning (General Permitted Development) (Amendment) (No 2) (England) Order 2010 (2010 No. 2134), will in effect mean that:
- Planning permission will not be required for properties changing use from a dwelling house (C3) to a house in multiple occupation (C4) comprising small shared dwelling houses occupied by between 3 and 6 unrelated individuals who share basic amenities; and
- Planning permission will not be required for properties changing use from a house in multiple occupation (C4) back into a dwelling house (C3).
Further enquiries should be made via the Council’s Planning Team Tel. 01322 343203 who will offer direct advice.
What are houses in multiple occupation?
A HMO is a building, or part of a building, such as a flat, that:
- is occupied by more than one household and where more than one household shares – or lacks – an amenity, such as a bathroom, toilet or cooking facilities or
- is occupied by more than one household and which is a converted building –but not entirely self-contained flats (whether or not some amenities are shared or lacking) or
- is converted self-contained flats, but does not meet as a minimum standard the requirements of the 1991 Building Regulations and at least one third of the flats are occupied under short tenancies
The building is occupied by more than one household:
- as their only or main residence
- as a refuge for people escaping domestic violence
- by students during term time
- for other purposes prescribed by the Government
A household can consist of:
- Families (including single people, couples and same sex couples)
- Other relationships, such as fostering, carers and domestic staff
For more information view a presentation what is a HMO? Or visit Licensing of houses in multiple occupation - a guide for landlords and managers definitions of houses in multiple occupation from the Communities and Local Government website
For any further clarification with regard to HMO definitions, please contact the Private Sector Housing Team on 01322 343674
Fire Safety
HMO’s are known to pose a greater risk to the occupants in terms of fire safety than those in single family occupation and are required to satisfy the relevant Housing Act legislation.
View example schedules of the type of works which would be necessary in:
The Regulatory Reform (Fire Safety) Order 2005
Some HMOs will need to comply with the Regulatory Reform (Fire Safety) Order 2005, (often referred to as the RRO or just Fire Safety Order). These will typically be houses let as bedsits, hostels and blocks of flats. The HMOs sleeping guide can be found on the Communities & Local Government website.
Additional Useful Information:
- Landlords and fire alarm and emergency lighting systems from the Electrical Safety Council
- The full text of The Regulatory Reform (Fire Safety) Order 2005 from the Office of Public Sector Information
Amenity Standards
The property should also meet the requirements outlined in the Amenity Standards document which has been adopted by Dartford Borough Council.
- Landlords Guide to Housing Act 2004
- Housing Health & Safety Rating System (HHSRS)
- HMO Licensing
- Dartford Landlords’ guide to the management of houses in multiple occupation
Landlords Guide to the Management of Section 257 HMO’s
Definition of a section 257 HMO under section 257 of the Housing Act 2004
A building converted into and consisting entirely of self contained flats AND
- The standard of conversion does not meet at least that required by the Building Regulations 1991 and
- Less than two-third of the flats are owner-occupied.
Contact the Technical Officer (HMO) on 01322 343216 for further advice or information
